In re Marriage of Wagenman
Annotate this CaseMatt Wagenman and Tammy Wagenman filed a pro se joint petition for dissolution to dissolve their marriage and divide up their property and debt. In their petition, the parties stated that their real property should be distributed as described in Exhibit A, which they attached to their petition. In the final decree of dissolution, the court did not enter the property and debt distribution according to Exhibit A, nor did it incorporate Exhibit A into the decree. Approximately two years later, the parties discovered that the district court failed to incorporate Exhibit A into the decree. Matt’s counsel subsequently filed a motion to compel, requesting that the court order Tammy to quitclaim her interest in the home based on the final decree. Tammy, in turn, filed a motion to amend the final decree of dissolution to incorporate Exhibit A as the parties originally requested. The district court denied Tammy’s motion to amend the decree and granted Matt’s motion to compel and awarded Matt attorney fees. The Supreme Court reversed, holding that the district court (1) erred by failing to incorporate Exhibit A into the final decree and by denying Tammy’s motion to amend the final decree to incorporate Exhibit A; and (2) improperly awarded attorney fees to Matt. Remanded.
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